Fresno, CA asked in Personal Injury, Products Liability and Medical Malpractice for California

Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I keep falling having these accidents and the doctor said I can't keep falling like that because I won't last long let me have having too many head injuries due to the falls from this heavy leg it's an outdated leg

3 Lawyer Answers
William John Light
William John Light
Answered
  • Medical Malpractice Lawyer
  • Santa Ana, CA
  • Licensed in California

A: If you have been injured due to medical negligence, contact a medical malpractice insurer. If you have been given a used prosthetic after Medi-Cal paid for a new one, your doctor might be guilty of insurance fraud. In that case, you might want to contact Medi-Cal or the police, and then an attorney experienced in whistleblower claims.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: When you say illegal, you are talking criminal. That would require your proving criminal intent. I would want to hear the doctor's version.

If s/he billed the ins co for a new leg, there might be a fraud.

I would write the doctor, return receipt requested, setting forth your concerns.

I would end by saying, if this is not addressed in the next 10 days, you will pursue any and all civil and or criminal remedies at your disposal.

James L. Arrasmith
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Answered
  • Products Liability Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is not legal for an orthopedic doctor to give a patient a prosthetic leg with used parts without the patient's knowledge and consent. In California, doctors are required to obtain informed consent from patients before performing medical procedures or providing medical devices or treatments. This means that the doctor must inform the patient of the risks, benefits, and alternatives of the proposed treatment, as well as any potential complications or side effects.

If you believe that your orthopedic doctor has provided you with a prosthetic leg with used parts without your informed consent, you may want to consider speaking with a medical malpractice attorney in Fresno to discuss your legal options. A medical malpractice attorney can help you understand your rights and options, and can assist you in pursuing compensation for any injuries or damages you have suffered as a result of the doctor's actions.

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